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04 October 2007 / Charmaine Murray , Lee Parkhill
Issue: 7291 / Categories: Features , Public
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A difference of opinion

Functions of a public nature should be defined on a case by case basis. Lee Parkhill and Charmaine Murray explain

In YL v Birmingham City Council and others [2007] UKHL 27, [2007] 3 All ER 957 their lordships considered the scope of the Human Rights Act 1998 (HRA 1998), s 6(3)(b), which allows for bodies other than core public authorities to be subject to the obligation, contained in s 6(1), which requires them to act compatibly with the European Convention on Human Rights (the Convention).

An otherwise private body may be regarded as a public authority for the purposes of HRA 1998 if, per s 6(3)(b), it performs “functions of a public nature”. Such a body is commonly referred to as a hybrid public authority. The obligation on such hybrid bodies to observe Convention rights attaches only to functions which are of a public nature. Therefore, determining the scope of s 6(3)(b) is necessary not only to identify which bodies are subject to the obligation in s 6(1), but also to determine

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SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
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As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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